**WON** Charges over 6 years; compound contractual int't; repaid in full !!

[leilani]

Hi Slick, thank you for court bundle I will look over it and will probably have some questions.

 

However, I have just received today a letter from the court I submitted the claim to.

 

With a "Notice of Transfer of Proceedings" saying this:

 

To all parties

A defence to this claim has been filled. As the defendant is an individual the claim has been transferred to the court covering the area where the defendant lives or carries on business. Please read the accompanying documents carefully and note that where enclosed the allocation questionnaire should be returned to the Bow County Court, 96 Romford Road, Stratford, London, E17... by the date shown.

 

The next page:

 

The defendant has filed a defence, a copy of which is enclosed with this notice. An allocation questionnaire is also enclosed which contains notes for guidance on how to complete it. You must complete the allocation questionnaire on or before 10th December 2010. (4 pages!)

 

A FEE OF £35 IS PAYABLE BY THE CLAIMANT ON FILLING THEIR ALLOCATION QUESTIONNAIRE!

 

What cheek!

 

How can they get away with changing the court to be near them, claiming they are not an individual, for goodness sake they are a PLC, and to charge me for this!

 

Help needed urgently as to what to do!

[leilani]

By the way the .pdf link on the Bundle page does not work have reported it.

 

Also been going through threads and see that this is a normal fee by the look of it, which I am not happy about, hadn't seen it mentioned, I didn't know there would be more charges on top! I can barely put food on table let alone pay this additional cost. Will this also be refunded? Are there any more payments I should be expecting?

[rebel11]

Hi leilani

 

The £35 fee is a standard charge fot filing the Allocation Questionnaire. In certain cases of hardship it can be wavied, but you would have to provide financial details to the court. At some point you would of said to Barclays that you would recover court costs from them.

[leilani]

Sorry another few questions

 

1. What does it mean "In particular you must ensure you have the relevant terms and conditions for your account" Is this the t&c's they sent me when I asked for my signed agreement or do I have to provide them with a copy of t&c's I signed up with (which I do not have), or latest t&c's of which I don't know how I would get that?

 

2. When it says "Latest Schedule of Charges" from the court bundle pack, is it the one I submitted to the court or up to date ie time of printing?

 

thanks appreciate help and any advice.

[rebel11]

Hi leilani

 

I think thats one for Slick, I'm sure he'll be along as soon as he's available.

[leilani]

Hi Rebel

 

Many thanks for responding...well it was a bit of a shock to me as you can tell but I am more mad at the fact they have put it in a court miles from me, I have to go there and I already struggle getting into my nearest where I filled.

 

As for hardship, I am already humiliated enough as it is and I don't want to add to it and give them any cause to see me as backing out. I will have to borrow the fee, and yes I did put on form that I would claim court costs but that didn't include this fee only what I paid upon submitting. I guess this is something one can negotiate assuming once it gets to this stage.

 

Another question:

 

I fill this form in and send with fee before 10th December. Do I have to send the court bundle to the defendant and court with this form, or prior to sending this form?

[rebel11]

No you don't send the Court Bundle. You just send the Form plus fee. Why don't you ring the court up and tell them that the Defendant isn't an individual it's a company, so what they have sent you is rubbish, tell them you are the individual.This sounds like a admin error on the courts part. Get them to send you a correction.

 

Before you send anything, run through it with Slick. You don't want to pay any amendment fees, get it right first time.

 

Hi Rebel

 

Many thanks for responding...well it was a bit of a shock to me as you can tell but I am more mad at the fact they have put it in a court miles from me, I have to go there and I already struggle getting into my nearest where I filled.

 

As for hardship, I am already humiliated enough as it is and I don't want to add to it and give them any cause to see me as backing out. I will have to borrow the fee, and yes I did put on form that I would claim court costs but that didn't include this fee only what I paid upon submitting. I guess this is something one can negotiate assuming once it gets to this stage.

 

Another question:

 

I fill this form in and send with fee before 10th December. Do I have to send the court bundle to the defendant and court with this form, or prior to sending this form?

[leilani]

I thought as much that something was a miss there, I will do that Rebel thank you for confirming my feelings on the matter!

[rebel11]

Unless it's a cunning plan by Barclaycard, maybe theres a nice 'chippy' nearby and they want to wine and dine you to drop your case.

[leilani]

Well I have called the court and the lady who answered thought it was odd too, she said they have filed it under GRB Litigation & Special Investigations which are located in Bow. I have to send a covering letter with the allocation form and see if the judge will reverse that decision, she did say it would be up to the judge decision and there would be nothing I could do if the judge refuses which I think is terrible and I pointed out that even GRB was not an individual. As this article proves.

[leilani]

Unless it's a cunning plan by Barclaycard, maybe theres a nice 'chippy' nearby and they want to wine and dine you to drop your case.

 

LOL that's funny Rebel...Oh dear I would be out of luck then, as much as I would love to be wined and dinned or even a sniff of a fishy morsel...not allowed to have acid producing foods or beverages as this will only make matters worse with the ULCER they produced!...Oh hum

Edited November 24, 2010 by leilani

[slick132]

Hi Leilani,

 

Looking in quickly but will be back to answer fully later.

 

Stop worrying about the court location - this is an error and you will get the case referred back to your local county court at no cost.

 

The AQ fee is normal for all cases and sorry this came as a shock. If the case has to be listed for a final hearing, there will be a hearing fee. How much is your claim total on your N1 Claim form, as this affects the fee.

 

As Rebel says, the fees are reclaimable in full.

 

Back later

Edited November 25, 2010 by slick132
layout

[slick132]

OK, back again.

 

Re the court location, write to your local court confirming you are the Litigant in Person suing Barclays Bank PLC. The case should be heard in your local county court and would they please ensure your case is not transferred out. If they have already transferred the file, would they please arrange for it's recall and confirm to you when they have the file back.

 

Fill in the AQ and enclose with it your Draft Directions. The link to the AQ Guide is here but is not working right now - http://www.consumeractiongroup.co.uk/forum/content.php?572-Draft-order-for-directions-including-directions-for-disclosure

 

I'll get the link sorted for you asap. In the meantime, I have sent you a copy of the Article which deals with both types of AQ - the N149 and the N150.

 

If the court fees are such a struggle, I wonder if you should be exempt from them. Have you checked this with the court's office.

 

You don't submit your court bundle to court or to Barclays until instructed to by Court Directions. By all means, get the bundle prepared and ready to go as there's a lot to sort through and this must not be left to the last minute.

 

Re the T&C's you should include in your court bundle, if BC have sent you a set and you don't have your own for when the a/c was opened, use the ones from BC.

 

Re your Q about "latest SOC" you will enclose with your court bundle an updated SOC - ie one printed out when you are about to submit the bundle which will be updated to include latest interest.

[leilani]

Thank you slick for answering my questions.

 

With all the help this form is very easy to fill out which is a major relief to me as I can send it tomorrow. Just a few things to clarify before then.

 

In regards to the location, and your suggestion to write to my own court a letter regarding the change of location.

 

1) The lady at the court said I should address it to the Bow court, regardless of what it says on my AQ N149 form (it says Watford) because it has moved there already.

 

2) but I also see on the AQ N149 that there is under section B regarding this matter. If I send it do you feel it will convince the Judge to make that change or do you think it maybe a waste of effort on my part and just to add to the paper trail?

 

3) I have completed form and I am using this information as is written here for section G. (essentially what you sent me) Should I modify it in anyway relating to my case or to make it sound like my own words? To me it's clear and succinct and that's what I want! I may take out the essential meaning of it if I try to put it into my own words.

 

4) In the notes re section G, it states "This allocation questionnaire and its attachments were sent to the defendant on **/**/**." , which is fine, but I don't know where to send it to. Should I send it to the address I put on the original claim form? Why I ask is that I am a wee bit confused as to what name the defendant is going under. i.e.. Barclays Bank PLC T/A BarclayCard which it clearly says on the paperwork sent to me from the courts along with form, or GRB Litigation & Special Investigations which they are logged under for this case as defendant at the courts?

 

5) I am going to send a postal order and make it out to "HMCS" however before I sign this form, it states in Section H that there will be further fees, once I sign will I be liable for these fees and any ideas of what their cost is likely to be? I don't want to get another shock like I did with the AQ fees.

 

Thank you once again for help...my stress levels are starting to reduce as I become more understanding of the procedures and that would not happen without everyone on CAGs help. Bless you all for making a difference

 

ADDED: Just one more thing...I was sent their defence, which had been faxed to the court, it's a few pages long, and I wonder if this is a bog standard defence reply or specific to my own circumstances. Should I be going through it with a fine tooth comb to pick out any irregularities to get information for my court bundle?

Edited November 28, 2010 by leilani

[slick132]

Hi Leilani,

 

1. My view is that the case has been transferred by your local court in error. I would therefore put in writing to them that you want the case transferred back immediately so no delays are caused by their error. You may have done this already as per my advice above.

 

2. Complete the AQ Box B by ticking "No" and in the box below put "Case transferred in error to Bow and should be returned to your local court asap. Send the AQ back to your local court.

 

3. In section G, you can refer to the Draft Directions that you offer to the court. Don't modify anything just for the sake of it.

 

4. Send a copy of the AQ and of your letter about the transfer, to Barclays Litigation or their legal reps if they are using outside sol'rs.

 

5. I did ask in post #112 above how much you're suing for. This dictates the level of Hearing Fee payable. Confirm the amount of the claim and I'll tell you what they fee will be.

 

6. Their defence in not likely to be specific to your case at all. However, go through it and tell us if there's anything about which you're concerned.

 

8)

[leilani]

Thanks Slick all sent off, and I received my cheque book today as well which was handy. I leave it now in the hands of the Angels! Although I will call before 10th to see what has happened, if i don't hear anything before then.

 

As for what the figure was £4,400 there abouts. Under £5,000 for sure.

[slick132]

Hi Leilani,

 

The Hearing Fee will be £300 if you don't qualify for fee remission. The good news is that, if you DO have to pay this, BC should settle shortly thereafter.

 

Did you take your N1 forms into court yourself, or post them.

 

8)

[leilani]

Oh hell that's a lot of money! I think I just had to pick myself off the floor, when will I need to pay that? I might have to tell the court I am not earning enough income for that. Would I be able to get assistance for this also and how would I go about applying?

 

Yes I took the N1 form in to the court myself, I sent the AQ by record.

[slick132]

Hi Leilani,

 

I've tried to find you a link to the HMCS site that deals with Remission of Court Fees but I can't get onto their site just now.

 

So try accessing the site yourself and look for guidance on remission.

 

Or go to your local court where the staff should assist you and give you appropriate leaflets.

 

[leilani]

Thanks Slick, will do.

 

Called the courts this morning as I said I would to check as I sent off the AQ last week. The cheque hadn't been cashed, and the guy said it's still at Bow. I explained the situation and he said he would call them to transfer my case files back immediately, soon as he got off the phone with me. I did ask if they don't do it by 10th would it cause a problem and he said, it shouldn't, I had done all I had to do, so it was up to them. Should I be concerned?

[slick132]

Hi Leilani,

 

Should I be concerned?

I said above in post #115 that you should point out the court's error in writing so you cover yourself.

 

The phone call today may have been helpful but you need matters confirmed in writing so you have a proper paper trail.

 

[leilani]

UPDATE:

 

Today was the deadline, my AQ was registered on 7th at Bow, even though I sent it last week to Watford. Watford refuses basically to deal with requesting the case files back, so the letter to them was a waste of time as I now have to write to Bow. The AQ is in Bow judicial support department waiting to paired up with BC AQ which obviously hasn't arrived as they only have mine on the system, don't know if they had the same time frame.

[rebel11]

Hi leilani

 

Chase the court to see if the Defendent has submitted the AQ on time, I believe they have the same period of time as you.

 

If the defendant fails to return the Allocation Questionairre, the Judge may allow you to request a default Judgment (Use Form N225), i.e. again, you win the Case, there are other sanctions available also, such as calling the defendant to a Hearing to explain why he didn't comply with the Court's request.

[leilani]

Shame I didn't see this before I went out, I would have rung them again. Now it will have to wait until Monday, although the woman at the court did say there was only mine that she could see. If that is the case though I am wondering because my copy of AQ I sent BC they know that I am trying to change the location back. Could they use this to stall?

[rebel11]

Hi leilani

 

There isn't any benefit in them stalling. Just keep on top of whats happening, it's easy to get distracted.